Friday, June 12, 2015

Guest Post: A Glimpse at Regency Era Law by Regina Jeffers

For my latest cozy mystery, part of the action is a trial set in
1816. Many of the tenets of court law we now accept as commonplace were not
part of the court system during the Regency Period. For example, the defendant
would be expected to argue his own case. A barrister could provide the
defendant advice on points of law, but the proof of innocence rested purely on
the defendant’s shoulders. Neither were witnesses for the defendant “required”
to attend the trial’s proceedings. Needless to say, a writ
of error could send the outcome of the case to a court of appeals, especially
in the case of a wealthier defendant, who could afford the expense.

In The Prosecution of Mr. Darcy’s
Cousin,Fitzwilliam Darcy’s
cousin, Major General Fitzwilliam(Colonel Fitzwilliam in Jane Austen’s Pride and
Prejudice) is accused of a series of crimes of which he has no memory for
he is suffering from what we would now call “PTSD.”(There was no official name for the stress of war at the time.)

Old Bailey Trial

Darcy must use every bit of cunning he possesses to prove his
cousin innocent for it would be a great victory for the “unwashed masses”
to convict the second son of an earl for the crimes. All of London is
set against the major general. If Darcy does not know success at the trial, then
his only hope would be a writ of error. But how does a writ of error become a
point of appellation in the British legal system? And what role would the House
of Lords play in this process? For those of us in the States, many facets of
the English legal system is as foreign as the statute of limitations in
juvenile cases. So, let us explore some of the differences.

“The
Sixth Amendment to the United States Constitution guarantees an accused the
right to representation by counsel in serious criminal prosecutions. The
responsibility for appointing counsel in federal criminal proceedings for those
unable to bear the cost of representation has historically rested in the
federal judiciary. Before the enactment of the Criminal Justice Act in 1964
(CJA), there was no authority to compensate appointed counsel for their
services or litigation expenses, and federal judges depended on the
professional obligation of lawyers to provide pro bono publico representation to defendants unable
to retain counsel.“
(United
States Courts Services and Forms)
http://www.uscourts.gov/services-forms/defender-services

However, for many centuries in England, the law permitted appeals
to the House of Lords. The HOL also served as the final Court of Appeals for
Scotland and Ireland. The Appellate Jurisdiction Act of 1876 continued the
appellate jurisdiction of the House, as well as to provide the suitor a
statutory right of appeal to the House of Lords. The 3rd Section of that Act
says an appeal from any order or judgment of her Majesty’s Court of Appeal
in England lies to the House of Lords.

In Ireland, the Irish Judicature Act of 1877 gives the right of
appeal to the House of Lords in all decisions, judgments, decrees or orders
from the Irish Court of Appeal that were previously appealable to the House of
Lords or to the Privy Council. The right of appeal by way of writ of error from
the decision of the Queen’s Bench Division of the Irish High
Court of Justice is also preserved in this Irish Judicature Act.

The Scots made no alteration in the right of appeal. The
Appellate Jurisdiction Act of 1876 provided Scotland the right of appeal to the
House of Lords from any order or judgment of any court of Scotland from which
error or an appeal lay to the House of Lords by common law or by statue at the
time of passing the act.

An appeal of a civil case in the English courts must be sent up
by the Supreme Court of Judicature in England (Her Majesty’s
Court of Appeal).The only judicial proceedings by which matters of a criminal
nature could formerly be brought before the House of Lords was by writ of
error.

A writ of error is the only means a judicial proceeding in a
criminal matter may be brought before the House of Lords. From ancient times, a
writ of error could be brought in England at common law, both in civil and
criminal proceedings from inferior Courts of Record to the Court of Queen’s
Bench and from thence direct to the House of Lords. Numerous statutes define
the means by which a writ of error was brought to the attention of the House of
Lords. The writ must first come before the judges or barons of the other two
courts in the Exchequer Chamber before coming to the House of Lords.

Time limitations for a writ of error in a civil case originally
was set at twenty years. The Common Law Procedure Act of 1852 abolished writs
of error in civil cases, but they remained in criminal cases. Such was true
until the Judicature Acts of 1873 and 1875. The acts abolished writs of error
in bills of exception and proceedings in civil cases, but nothing in the acts affect the practice and procedure in criminal proceedings.

_________________

For more information on the legal system, I would recommend
Charles Marsh Denison and Charles Henderson Scott’s The Practice & Procedure of the
House of Lords in English, Scotch & Irish Appeal Cases Under the Appellate
Jurisdiction Act, 1876.

__________________

New from Regina Jeffers

The Prosecution of Mr. Darcy’s Cousin: A Pride
and Prejudice Mystery from Pegasus Books

Fitzwilliam
Darcy is enjoying his marital bliss. His wife, the former Elizabeth Bennet,
presented him two sons and a world of contentment. All is well until “aggravation” rears its head when Darcy receives a note of
urgency from his sister Georgiana.

In truth, Darcy never fully approved of
Georgiana’s joining with their cousin, Major General Edward Fitzwilliam, for
Darcy assumed the major general held Georgiana at arm’s length, dooming Darcy’s sister to a
life of unhappiness.

Dutifully,
Darcy and Elizabeth rush to Georgiana’s side when the major general leaves his wife
and daughter behind, with no word of his whereabouts and no hopes of Edward’s return.
Forced to seek his cousin in the slews of London’s underbelly,
at length, Darcy discovers the major general and returns Fitzwilliam to his
family.

Even so, the
Darcys’troubles are far from over. During the major
general’s absence from home, witnesses note Fitzwilliam’s presence in
the area of two horrific murders. When Edward Fitzwilliam is arrested for the crimes,
Darcy must discover the real culprit before the authorities hanged his cousin
and the Fitzwilliam name knew a lifetime of shame.

The Prosecution of Mr. Darcy’s Cousin: A Pride and Prejudice Mystery is available for purchase on Kindle or Nook and in paperback through Amazon and Barnes and Noble.

Meet the Author

Regina Jeffers is an award-winning author of cozy mysteries,
Austenesque sequels and retellings, and Regency era romances. A teacher for
thirty-nine years, Jeffers often serves as a consultant for Language Arts and
Media Literacy programs. With multiple degrees, Regina has been a Time Warner
Star Teacher, Columbus (OH) Teacher of the Year, and a Martha Holden Jennings Scholar.
With 7 new releases in 2015, Jeffers is considered one of publishing’s
most prolific authors.